08.e Gateway Trail Cost Sharing and Maintenance Agreements with Washington County and the Minnesota DNR Staff Report
Date of Meeting: January 20, 2026
To: City Council
From: Kyle Morell, City Administrator
Re: Gateway Trail Washington County Cost and Maintenance Agreements, and Resolution 01-20-
26-03 Approving Joint Powers Agreement with Minnesota DNR for Scandia Gateway Trail
Extension
Background:
Staff presented a draft version of the attached documents at the December Council meeting. The
Washington County Cost and Maintenance Agreements detail the County's financial contribution to
the project and its ongoing maintenance responsibilities after project completion. Resolution 01-20-
26-03 is the required Resolution approving the Cooperative Agreement between the City and the
DNR for the Scandia Trail Segment of the Gateway State Trail.
The two Agreements provide $1,450,000 funding for the completion of the Gateway Trail project,
$800,000 for Washington County, and $650,000 from the DNR. The County funding can be sent to
the City as soon as the City requests it. The DNR funding can be used to pay direct project
expenses within 30 days of invoice submittal.
Recommendation:
Approve the Washington County Cost and Maintenance Agreements via a motion of the City
Council. Approve Resolution 10-20-26-03 DNR Cooperative Agreement for Scandia Gateway Trail
Segment in a separate motion of the City Council.
Attachments:
1) Washington County Cost Agreement
2) Washington County Maintenance Agreement
3) DNR Cooperative Agreement for Scandia Gateway Trail Segment
Page 1 of 4
COOPERATIVE AGREEMENT BETWEEN THE CITY OF SCANDIA
AND WASHINGTON COUNTY FOR CONSTRUCTION COST
OF COUNTY ROAD (CR) 52 (OAKHILL ROAD)
THIS AGREEMENT, by and between the City of Scandia, a municipal corporation, herein after referred to as the
"City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the
"County.”
WITNESSETH:
WHEREAS, the City intends to construct a portion of the Minnesota Department of Natural Resource’s Gateway
Trail, which will cross CR 52 with a grade-separated pedestrian tunnel.
WHEREAS, the County desires to use local funds for these improvements; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the
construction of these transportation improvements; and
WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1
and Minnesota Statute 471.59.
NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
A. PURPOSE
The purpose of this Agreement is set forth in the above whereas clauses which are all incorporated by
reference as if fully set forth herein and shall consist of this Agreement and Exhibit A (Location Map).
B. PLANS AND SPECIFICATION PREPARATION
1. The City shall be responsible for the preparation of all the plans and specifications for the Project,
including but not limited to, compliance with all applicable standards and policies and obtaining all
approvals required in formulating the bid specifications for all County and City components of this
Project.
2. The following County project number has been assigned to the Project: CP 26-40018
3. The following City project numbers have been assigned to the Project: N13.117554
C. RIGHT OF WAY AND EASEMENTS
Work associated with the project will remain within the existing public right of way and easements.
D. ADVERTISEMENT AND AWARD OF CONTRACT
After plans and specifications have been approved by the County, all permits and approvals obtained, and
acquisition of necessary rights-of-way and easements, the City shall advertise for construction bids and at
the sole discretion of the City award the contract to the lowest responsible bidder.
E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING
The City shall be responsible for the construction administration, inspection, and for the observation and
testing for all construction items.
WASHINGTON COUNTY
CONTRACT NO. XXXX
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM SIGNATURE – END OF PROJECT
Page 2 of 4
F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS
The City’s cost participation is set forth in Table 1 and is broken into Construction and Construction
Engineering/Contract Administration.
1. Construction
Construction costs shall be the cost to construct the Project. The City has prepared a statement of
estimated quantities and cost splits. The County shall pay to the City its share of the total cost as set
forth in Table 1.
2. Construction Engineering/Contract Administration
Construction engineering/contract administration costs shall be construction observation, construction
testing, construction administration, staking, conducting and recording the pre-bid, pre-construction
and weekly construction meetings, reviewing monthly pay estimates, labor compliance, and other
administrative functions necessary for the Project. Construction engineering/contract administration is
$184.540.00. The City shall pay for this cost through LCCMR and DNR funding.
The costs and shares attributable to the County and payable to the City as shown in Table 1 are
predetermined and final. Payment will be completed at the beginning of the project upon award and
completion of this agreement.
G. PAYMENT
1. Construction and Construction Engineering/Contract Administration
a. After the City has awarded the construction contract, the County shall pay the City the entire
$800,000 upon the execution of this agreement and award of the project. This payment shall be
made within 30 days of notifying the county that the agreement has been executed and the project
has been awarded.
H. CONTRACT CHANGES
Any modifications or additions to the final approved plans and/or specifications of the Project shall be made
part of the construction contract through a written amendment to the construction contract and the cost
for such changes shall be appropriated as set forth in Section F. of this Agreement.
I. CIVIL RIGHTS AND NON-DISCRIMINATION
The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and
discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of
any Agreement entered into by the parties with any contractor subcontractor, or material suppliers.
TABLE 1 – ESTIMATED COSTS
Washington County Cost Summary
ITEM TOTAL COST COUNTY COST
Construction $3,624,815 $800,000
Design Engineering $373,200 $0.00
Construction Engineering/Contract Administration $184,540 $0.00
TOTAL ESTIMATED COST $4,182,555 $800,000
Page 3 of 4
J. WORKERS COMPENSATION
It is hereby understood and agreed that any and all employees of the City and all other persons employed by
the City in the performance of construction and/or construction engineering work or services required or
provided for under this Agreement shall not be considered employees of the County and that any and all
claims that may or might arise under the Worker’s Compensation Act of the State of Minnesota on behalf of
said employees while so engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said City employees while so engaged on any of the construction and/or
construction engineering work or services to be rendered herein shall in no way be the obligation or
responsibility of the County.
It is hereby understood and agreed that any and all employees of the County and all other persons
employed by the County in the performance of construction and/or construction engineering work or
services required or provided for under this Agreement shall not be considered employees of the City and
that any and all claims that may or might arise under the Worker’s Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as
a consequence of any act or omission on the part of said County employees while so engaged on any of the
construction and/or construction engineering work or services to be rendered herein shall in no way be the
obligation or responsibility of the City.
K. INDEMNIFICATION
1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability,
loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay
by reason of any negligent act by the City, its agents, officers or employees during the performance of
this Agreement.
2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability,
loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by
reason of any negligent act by the County, its agents, officers or employees during the performance of
this Agreement.
3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and
shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed
a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section
471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another
party to this Agreement except to the extent they have agreed in writing to be responsible for the acts
or omissions of the other parties as provided for in Section 471.59, subd. 1a.
4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other
applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute
471.59, subdivision 1a. and that the total liability for the parties shall not exceed the limits on governmental
liability for a single unit of government as specified in 466.04, subdivision 1(a).
L. DATA PRACTICES
All data collected, created, received, maintained, disseminated, or used for any purposes in the course of
this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984,
Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act,
as well as state statutes and federal regulations on data privacy.
Page 4 of 4
M. TERM
This Agreement shall remain in full force and effect until terminated by mutual Agreement of the parties.
N. COUNTERPARTS
This Agreement may be executed in counterparts.
O. SEVERABILITY
If any provision or provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not be affected.
IN TESTIMONY WHEREOF the parties have duly executed this Agreement by their duly authorized officers.
WASHINGTON COUNTY CITY OF SCANDIA
Chair Date Mayor Date
Board of Commissioners
Kevin Corbid Date City Administrator Date
County Administrator
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
Page 1 of 3
COOPERATIVE AGREEMENT BETWEEN THE CITY OFSCANIDA
AND WASHINGTON COUNTY FOR MAINTENANCE
OF COUNTY ROAD (CR) 52 (OAKHILL ROAD)
THIS AGREEMENT, by and between the City of Scandia a municipal
corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of
Minnesota, hereinafter referred to as the "County”.
WITNESSETH:
WHEREAS, the City intends to construct a portion of the Minnesota Department of Natural Resource’s Gateway
Trail, which will cross CR 52 with a grade-separated pedestrian tunnel.
WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the
maintenance of these transportation improvements; and
WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1
and Minnesota Statute 471.59.
NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
A. PURPOSE
The purpose of this Agreement is set forth in the above whereas clauses which are all incorporated by
reference as if fully set forth herein and shall consist of this Agreement, Exhibit A (Location Map).
B. MAINTENANCE/OWNERSHIP
1. Upon completion of this project the County shall own and maintain the following under this project:
a. Storm sewer and culverts. The County shall own and maintain the storm sewer and culverts on its
County right-of-way existing or constructed under this project.
b. Signing. All permanent roadway signing on County roads will be controlled by the County.
c. With respect to the constructed corridor boulevard, the County will mow the corridor boulevards a
minimum of twice per year.
d. Curb and gutter. The County shall own and maintain all curb and gutter on its County right-of-way
existing or constructed under this project. The City shall own and maintain all curb and gutter on its
City right-of-way existing or constructed under this project.
e. Guardrail. The County shall own and maintain all guardrail on its County right-of-way existing or
constructed under this project.
f. Pavement. The County shall own and maintain all pavement systems constructed under this project.
g. Pavement Markings. The County shall own and maintain all pavement markings on its County right-
of-way existing or constructed under this project.
2. Tunnel, Wing Walls, Fencing, and Sheet Pile Walls. The County will not own or maintain the tunnel,
wing walls, fencing or sheet pile walls constructed as part of this project.
3. Trails and pedestrian ramps located within Washington County right-of-way. The County will not own
trails and pedestrian ramps within Washington County right-of-way. The County will not be responsible
for minor maintenance of the trails and pedestrian ramps. Minor maintenance shall include sweeping,
debris removal, patching, and crack repair. The County will not complete snow removal on the trails or
pedestrian ramps within the County right-of-way.
WASHINGTON COUNTY
CONTRACT NO.
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM
Page 2 of 3
4. All maintenance required to be performed by this Agreement by the Parties shall be performed in a
manner which shall be at the sole discretion of the party so obligated.
5. The City and County will follow work zone traffic control procedures required in the Minnesota Manual
of Uniform Traffic Control Devices for all maintenance activities.
6. The County and City will notify each other at least 24 hours in advance of any maintenance activities
requiring a lane closure for work within the other party’s right-of-way.
C. CIVIL RIGHTS AND NON-DISCRIMINATION
The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and
discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of
any Agreement entered into by the parties with any contractor subcontractor, or material suppliers.
D. WORKERS COMPENSATION
It is hereby understood and agreed that any and all employees of the City and all other persons employed by
the City in the performance of construction and/or construction engineering work or services required or
provided for under this Agreement shall not be considered employees of the County and that any and all
claims that may or might arise under the Worker’s Compensation Act of the State of Minnesota on behalf of
said employees while so engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said City employees while so engaged on any of the construction and/or
construction engineering work or services to be rendered herein shall in no way be the obligation or
responsibility of the County.
It is hereby understood and agreed that any and all employees of the County and all other persons
employed by the County in the performance of construction and/or construction engineering work or
services required or provided for under this Agreement shall not be considered employees of the City and
that any and all claims that may or might arise under the Worker’s Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as
a consequence of any act or omission on the part of said County employees while so engaged on any of the
construction and/or construction engineering work or services to be rendered herein shall in no way be the
obligation or responsibility of the City.
E. INDEMNIFICATION
1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability,
loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay
by reason of any negligent act by the City, its agents, officers or employees during the performance of
this Agreement.
2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability,
loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by
reason of any negligent act by the County, its agents, officers or employees during the performance of
this Agreement.
3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and
shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed
a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section
471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another
party to this Agreement except to the extent they have agreed in writing to be responsible for the acts
or omissions of the other parties as provided for in Section 471.59, subd. 1a.
Page 3 of 3
4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other
applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute
471.59, subdivision 1a. and that the total liability for the parties shall not exceed the limits on governmental
liability for a single unit of government as specified in 466.04, subdivision 1(a).
F. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project through special
assessment of County-owned property.
G. DATA PRACTICES
All data collected, created, received, maintained, disseminated, or used for any purposes in the course of
this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984,
Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act,
as well as state statutes and federal regulations on data privacy.
H. TERM
This Agreement shall remain in full force and effect until terminated by mutual Agreement of the parties.
I. COUNTERPARTS
This Agreement may be executed in counterparts.
J. SEVERABILITY
If any provision or provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not be affected.
IN TESTIMONY WHEREOF the parties have duly executed this Agreement by their duly authorized officers.
WASHINGTON COUNTY CITY OF SCANIDA
Chair Date Mayor Date
Board of Commissioners
Kevin Corbid Date City Administrator Date
County Administrator
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
Page 1 of 7
State of Minnesota
Cooperative Agreement
GATEWAY STATE TRAIL
SCANDIA TRAIL SEGMENT
COOPERATIVE AGREEMENT
BETWEEN
THE STATE OF MINNESOTA AND CITY OF SCANDIA
This Agreement is between the State of Minnesota, acting through its Commissioner of the Department of
Natural Resources (“State”) and the City of Scandia, (“City”).
Recitals
The Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes
Section 85.015, subd. 14 to establish, develop, operate and maintain the Gateway State Trail; and
Under Minnesota Statutes § 471.59, subd. 10, the State is empowered to engage such assistance as deemed
necessary.
The State and City have determined that expansion and development of the Gateway State Trail within the
community of Scandia in Sections 23 and 24, Township 32N, Range 20W in Washington County, hereinafter
referred to as the “State Trail” is of high priority for Minnesotans.
The State and the City have previously cooperated on the required engineering and design for the State Trail and
a copy of the Final Plans as developed by the City and approved by the State are included as Exhibit A.
The State Trail is to be confined largely to State owned and administered State Trail Easements located within
Section 23 and 24, Township 32N, Range 20W, Washington County and represented in Exhibit B.
The State Trail Project is also to include the development of a Trailhead within the City that is to be confined to
City owned or administered property, located in Section 23, Township 32N, Range 20W and represented in
Exhibit C.
The State and the City desire to cooperate in the construction of the State Trail, including the trail, trailhead and
the crossing of Washington County CSAH 52.
The City is prepared to be the lead agency in the construction engineering, construction inspection and
construction contract bidding and contract administration necessary for the development of the State Trail, that
shall include the Trailhead and the County Hwy Crossing.
The State is willing to permit the City to be the lead agency in the final construction engineering, construction
inspection and construction contract bidding and contract administration necessary for the development of the
State Trail, that shall include the Trailhead and the County highway crossing.
Page 2 of 7
The State Trail as constructed by the City shall meet all applicable requirements of the Americans with
Disabilities Act (ADA) and upon the completion, the State Trail shall be subject to review and approval by the
State.
The State and the City shall secure separate authorization from Washington County for the construction and
future operations and administration of the Washington County CSAH 52 trail segment.
Upon the completion of construction by the City, the administration, operations, and maintenance of the State
Trail shall be the sole responsibility of the State.
The City Council has authorized the City to enter into this agreement.
Agreement
Term of Agreement
Effective Date: December 31, 2025, or the date the State obtains all required signatures under Minn.
Stat. § 16C.05, subd. 2, whichever is later.
Expiration Date: December 31, 2060, or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
Agreement between the Parties
State’s Duties and Responsibilities. The State shall:
Provide technical assistance with the required construction engineering and inspection
during the City’s construction of the State Trail. The State Trail as constructed shall meet
the applicable requirements of the ADA.
Provide funding assistance with the construction engineering, construction inspection and
construction contract letting, and construction contract administration required for the
construction of the State Trail and to be completed by the City. The State Trail shall meet
the applicable requirements of the ADA.
Be permitted to review and approve all contracts and subcontracts for construction
engineering, construction inspection and construction of the State Trail proposed by the
City. Written approval and concurrence to award any contract will be provided to the
County by the State’s designated Project Contact
Be permitted to review and approve all revisions to the final plans and specifications for the
State Trail as proposed by the City during construction. State comment and approval of
proposed revisions shall be provided to the City by the State’s designated Project Contact
and/or Project Engineer.
Be Permitted to request modifications/revisions to the State Trail during construction.
Upon construction completion, be solely responsible for the operations, administration,
and maintenance of the Project as a portion of the Gateway State Trail as established
including the trailhead located on City owned property.
Permit the City to review and approve any modifications/revisions to the State Trail and
associated improvements located within City administered lands proposed by the State
during the term of this Agreement.
Reserve the right to inspect the State Trail corridor at all times to ensure that the City
complies with the terms of this Agreement.
Page 3 of 7
City’s Duties and Responsibilities. The City shall:
Complete all construction engineering, construction inspection, construction contract
bidding and contract administration necessary for the construction of the State Trail
consistent with the Final Plans and Specifications developed by the City in Cooperation with
the State.
The construction engineering and construction inspection of the State Trail shall be
completed under the supervision of and EIT, Construction Manager, or PE who is certified
accordingly.
Have the option to subcontract for the services and expertise as necessary or required to
complete the development of the State Trail, subject to the written approval by the State’s
designated Project Contact and/or Project Engineer. All contracts for the State Trail issued
by the City shall meet the appropriate MN Prevailing Wages Rates.
Construct the State Trail and associated improvements in compliance with Minnesota
DNR’s Operational Order 113, which requires preventing or limiting the introduction,
establishment and spread of invasive species during activities on public waters and DNR-
administered lands. Operational Order 113 is incorporated into this agreement by
reference and can be found at
http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf.
Assure that the State Trail as constructed meets all applicable requirements of the ADA.
Permit the State to review and approve the revision to or alteration to the final plans and
specifications for the State Trail and associated improvements as proposed by the City
during construction.
Approve and implement all changes or revisions to the final plans and specifications for the
State Trail as proposed by the State’s Project Engineer during construction.
Permit, at the conclusion of the construction of the State Trail, the State to operate,
administer and maintain the Trailhead and the State Trail, located on City owned property
as identified in Exhibit C.
Permit the State to review and approve any revision or alteration to the State Trail and
associated improvements located within City owned lands as proposed by the City during
the term of this Agreement.
Comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) and
all applicable regulations and guidelines. Provide free and adequate parking to include at
least one (1) designated accessible space for persons with disabilities for every 25 parking
spaces included.
Follow pollinator best management practices and habitat restoration guidelines
pursuant to Minn. Stat. 84.973 for all habitat restorations and enhancements conducted on
DNR lands and prairie restorations on state lands or on any lands using state funds.
Practices and guidelines ensure an appropriate diversity of native species to provide habitat
for pollinators through the growing season.
Page 4 of 7
Funding
The State shall provide funding for its responsibilities under Article 2.1 above through the standard internal
purchasing process including, but not limited to, a separate requisition as needed.
State shall provide funding for the project in Section 2.1.1; however, the total obligation of the State shall not
exceed $650,000.00. The obligation of the State is also limited to the amount of funds legislatively appropriated
and administratively allocated to this project.
Funding Effective Date: December 31, 2025, or when the State obtains all required signatures under
Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later.
Funding Expiration Date: December 31, 2028, or when all obligations under Section 2 have been
satisfactorily fulfilled, whichever occurs first. No additional funding will be provided, unless agreed
upon by all parties and an amendment to this Agreement is completed and executed.
Reimbursement of eligible costs will be due within thirty (30) days of the City’s presentation of invoices for services
performed and acceptance of such services by the State’s Designated Contact. The City will not receive payment
for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
Authorized Representatives
The State’s Authorized Representative is Rachel Henzen, 1200 Warner Road, St. Paul, MN 55106, 651-259-5875,
rachel.henzen@state.mn.us, or their successor.
The City’s Authorized Representative is Kyle Morell, k.morell@ci.scandia.mn.us, 14727 209 th Street North,
Scandia, 55073, or their successor.
Assignment, Amendments, Waiver, and Contract Complete.
Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement
without the prior consent of the State and a fully executed assignment agreement, executed and
approved by the authorized parties or their successors.
Amendments. Any amendment to this Agreement must be in writing and will not be effective until it
has been executed and approved by the authorized parties or their successors.
Waiver. If the State fails to enforce any provision of this Agreement, that failure does not waive the
provision or its right to enforce it.
Contract Complete. This Agreement contains all negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to
bind either party.
Liability
Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by
law and shall not be responsible for the acts of the other party and the results thereof. The State’s liability shall
be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other
applicable laws. The City’s liability shall be governed by Minnesota Statutes Sections 466.01 - 466.15, and other
applicable laws.
Page 5 of 7
State Audits.
Under Minn. Stat. § 16C.05, subd. 5, the City’s books, records, documents, and accounting procedures and
practices relevant to this Agreement are subject to examination by the State, the State Auditor, or Legislative
Auditor, as appropriate, for a minimum of six years from the expiration or termination of this Agreement.
Government Data Practices.
The City and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if
the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the
Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time)
as it applies to all data provided by the State under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City under this Contract. The civil remedies
of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act,
Minn. Stat. Ch. 13, by either the City or the State.
If the City receives a request to release the data referred to in this clause, the City must immediately notify and
consult with the State’s Authorized Representative as to how the City should respond to the request. The City’s
response to the request shall comply with applicable law.
Publicity and Endorsement.
Publicity. Any publicity regarding the subject matter of this Contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State’s
Authorized Representative. For purposes of this provision, publicity includes notices, informational
pamphlets, press releases, information posted on corporate or other websites, research, reports,
signs, and similar public notices prepared by or for the City individually or jointly with others, or any
subcontractors, with respect to the program, publications, or services provided resulting from this
Contract.
All publicity shall be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of
Minnesota guidelines for creating accessible electronic documents can be found at the following URL:
https://mn.gov/mnit/programs/accessibility/.
Endorsement. The City must not claim that the State endorses its products or services.
Venue
Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Hennepin County, Minnesota.
Termination
Termination. The State or the City may terminate this agreement at any time, with or without
cause, upon 30 days’ written notice to the other party.
Termination for Insufficient Funding. The State may immediately terminate this Agreement if it
does not obtain funding from the Minnesota Legislature, or other funding source; or if funding
cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination must be by written or fax notice to the City. The State is not obligated to pay for any
services that are provided after notice and effective date of termination. However, the City will be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the
extent that funds are available. The State will not be assessed any penalty if the agreement is
terminated because of the decision of the Minnesota Legislature, or other funding source, not to
Page 6 of 7
appropriate funds. The State must provide the City with notice of the lack of funding within a
reasonable time of the State’s receiving that notice.
Force Majeure
Neither party shall be responsible to the other or considered in default of its obligations within this Agreement
to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot,
disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or
occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the
delay or failure to perform. A party relying on this provision to excuse performance must provide the other party
prompt written notice of inability to perform and take all necessary steps to bring about performance as soon as
practicable.
E-Verify Certification (in accordance with Minn. Stat. § 16C.075).
For services valued in excess of $50,000, the City certifies that as of the date of services performed on behalf of
the State, City and all its subcontractors will have implemented or be in the process of implementing the federal
E-Verify Program for all newly hired employees in the United States who will perform work on behalf of the
State. The City is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify
Subcontractor Certification Form available at
http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept
on file with Contractor and made available to the State upon request.
Exhibits. The following Exhibits are attached and incorporated into this Contract. In the event of a conflict
between the terms of this Contract and its Exhibits, or between Exhibits, the order of precedence is first the
Contract, and then in the following order:
Exhibit A: Project Designs and Specifications
Exhibit B: State Ownership
Exhibit C: City Ownership
Exhibit D: City Council Resolution
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Page 7 of 7
1. State Encumbrance Verification
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05
Print Name: ___________________________________
Signature: _____________________________________
Title: _________________________________________
Date: _________________________________________
SWIFT Contract No. _____________________________
2. City of Scandia
Print Name: ___________________________________
Signature: _____________________________________
Title: _________________________________________
Date: _________________________________________
City of Scandia
Print Name: ___________________________________
Signature: _____________________________________
Title: _________________________________________
Date: _________________________________________
3. State Agency
With delegated authority
Print Name: ___________________________________
Signature: _____________________________________
Title: _________________________________________
Date: ________________________________________
4. Commissioner of Administration
As delegated to The Office of State Procurement
Print Name: ___________________________________
Signature: _____________________________________
Title: _________________________________________
Date: ________________________________________
Admin ID: _____________________________________